Civil Procedure Code, 1908, Order 26, Rule 9 -- Dispute regarding encroachment of adjoining land - Appointment of Local Commissioner sought for - Defendants denying that there was encroachment - Their claim that they were in possession and enjoyment in view of purchase of land by them - Best evidence in such case could be obtained only by appointment of Commissioner - As..........
Civil Procedure Code, 1908, Order 40, Rule 1(a) -- Receiver - Appointed during pendency of Litigation - Duties and purpose of - Acts on behalf of Court and is expected to protect the property - Court is bound to hand over possession of property to successful party in the condition it has taken over management of the property - Encroachment on property while it was in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - When there is a dispute about an encroachment or dimension of a site, Commissioner must be appointed by Court to take joint measurements...........
Haryana Panchayati Raj Act, 1994, Section 51(3), 175(1)(n) -- Removal of Panch finding him guilty of encroachment on Panchayat land - According to Section 175(1)(n) delinquent required to be in unauthorised possession on the date of passing of order or during the period of one year preceding the date of election - Order does not clarify the period of encroachment - Non -..........
Specific Relief Act, 1963, Section 37, 38, 39 -- Public road - Encroachment - Plaintiff need not to show any special damage to him in order to obtain relief from Court for restraining defendant from making construction by way of encroachment and also for mandatory injunction to remove the existing construction which was an encroachment...........
Adverse possession -- Mere long possession of defendant for a period of more than 12 years without intention to possess suit land adversely to title of plaintiff and to latter's knowledge - Cannot result in acquisition of title by defendant to encroached suit land - Animus to hold land adversely to title of true owner - Can be said to have started only when defendant..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Encroachment - Oral evidence cannot conclusively prove such an issue - To determine the area encroached it is always desirable to get the field measured by an expert and find out the area encroached upon...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Street - Encroachment by plaintiff - Held, an encroacher has no right to seek temporary injunction against Gram Panchayat...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Plot allotment - Alternative Plot - Possession of plot not delivered as the allotted plot was under encroachment - Direction to OP to allot a plot of the same size in a developed area charging the same price - The respondent also held entitled to interest @ 18% p.a. on the deposited amount from the respective..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment on road - Report of Local Commissioner that plaintiff has encroached 5 feet street land in front of his house - Held, interim injunction rightly denied to him...........
